The Good, the Bad, and the REIT (2024)

Contrary to popular belief, gambling can be good for your taxes. That’s so even if you manage a real estate investment trust that garners a percentage of its rent based on a casino’s winnings, the Internal Revenue recently found.

In terms of tax, a REIT’s income may be considered “bad” under rules governing the trusts contained in Sections 856 of the Internal Revenue Code. An overabundance of such income can cost a REIT its tax-favored status.

Bad REIT earnings tend to run afoul of Section 856, which provides that at least 95% of a REIT’s gross income must be derived from “rents from real property.” It also provides that at least 75% of its gross income must be derived from that source.

Under the code, rents from real property include:
•Rents from interests in real property.
•Charges for services customarily furnished or rendered in connection with the rental of real property.
•Rent attributable to personal property leased under, or in connection with, a lease of real property. That’s only the case, however, if the rent attributable to such personal property for the taxable year does not exceed 15% of the total rent for the taxable year attributable to both the real and personal property leased under, or in connection with, the lease.

In private letter ruling (LTR 201108009) issued February 25, the IRS considered the case of a certain REIT. The REIT owned a certain percentage of the outstanding units of a limited partnership we’ll call LP1. In turn, LP1 has a certain interest in another limited partnership, LP2, which owns and operates a shopping center.

LP2 is negotiating a grounds lease involving a certain amount of acres with a gaming entrepreneur we’ll call Lucre, who wants to build and operate a gambling facility on the property. Under the ground lease, Lucre will pay LP2 the sum of a minimum annual rental payment and a percentage rent.

The percentage rent consists of a certain piece of the annual gross revenues derived from retail sales and a certain portion of the annual gross revenues received from gaming revenues. The gaming revenues include amounts received by Lucre from patrons for video lottery terminal (VLT) gaming, less refunds, complimentary hotel rooms and meals, and amounts returned to patrons through winnings.

Section 856 provides that rents from real property do not exclude amounts ” based on a fixed percentage of “receipts or sales.” Revenue recognized and reported by a casino is generally defined as “the win” from gaming activities, not the amount wagered. The cost of providing promotional allowances is included in costs and expenses.

Thus, determining gross proceeds from the VLTs to include only that part of a wager that is not returned to patrons, exclusive of winnings and promotional allowances paid for by the casino to induce patrons to bet on the VLTs, is consistent with normal business practice in the gaming industry. It’s all to the good for the REIT, the IRS reasoned.

Robert Willens, founder and principal of Robert Willens LLC, writes a weekly tax column for CFO.com.

The Good, the Bad, and the REIT (1)

Filed Under: Tax

The Good, the Bad, and the REIT (2024)

FAQs

What are the positives and negatives of REITs? ›

Real estate investment trusts reduce the barrier to entry for investors in the real estate market and provide liquidity, regular income and other perks. However, you'll be exposed to risks that aren't inherent in the stock market and dividends are subject to ordinary income tax.

What is the 90% rule for REITs? ›

How to Qualify as a REIT? To qualify as a REIT, a company must have the bulk of its assets and income connected to real estate investment and must distribute at least 90 percent of its taxable income to shareholders annually in the form of dividends.

What does Warren Buffett think of REITs? ›

Warren Buffet prefers to invest in REITs instead of real property because they are a great source of passive income, are reward-oriented, and are more liquid than property ownership.

What I wish I knew before buying REITs? ›

Must Know #1 - Lower Leverage = Higher Returns

The conservatively financed REITs have outperformed the aggressively financed REITs in most cases over the long run. That's despite typically offering much lower dividend yields and trading at higher valuation multiples.

What is the negative side of REITs? ›

REITs are, however, sensitive to interest rates and may not be as tax-friendly as other investments. If a REIT is concentrated in a particular sector (e.g. hotels) and that sector is negatively impacted (e.g. by a pandemic), you can see amplified losses.

What are the dangers of REITs? ›

Some of the main risk factors associated with REITs include leverage risk, liquidity risk, and market risk.

What is the REIT 10 year rule? ›

For Group REITs, the consequences of leaving early apply when the principal company of the group gives notice for the group as a whole to leave the regime within ten years of joining or where an exiting company has been a member of the Group REIT for less than ten years.

Why do REITs have so much debt? ›

On the other hand, REITs can often take advantage of lower interest rates by reducing their interest expenses and thereby increasing their profitability. Since REITs buy real estate, you may see higher levels of debt than for other types of companies.

How long should I hold a REIT? ›

REITs should generally be considered long-term investments

And with publicly traded REITs that fluctuate with the stock market, Jhangiani recommends holding onto them for at least three years.

Why not to invest in REITs? ›

In most cases, REITs utilize a combination of debt and equity to purchase a property. As such, they are more sensitive than other asset classes to changes in interest rates., particularly those that use variable rate debt. When interest rates rise, REITs share prices can be prone to volatility.

Can you become a millionaire from REITs? ›

So, are REITs the magic shortcut to becoming a millionaire? Not quite. But they can be a powerful tool to build your wealth over time, like a slow and steady rocket taking you towards financial freedom. Remember, the key is to invest wisely, do your research, and choose REITs that match your goals and risk tolerance.

Can REITs go broke? ›

Cons: No investment is without risk, and REITs can and do go bankrupt – so it's important to do your own research.

What is the most profitable REITs to invest in? ›

What Are the Best REIT ETFs to Buy Now?
REIT ETFTrailing Dividend Yield
Real Estate Select Sector SPDR Fund (ticker: XLRE)3.7%
iShares Mortgage Real Estate Capped ETF (REM)10.1%
Vanguard Real Estate ETF (VNQ)4.3%
Invesco Active U.S. Real Estate Fund (PSR)3.4%
3 more rows
3 days ago

Is it better to invest in REITs or real property? ›

Direct real estate offers more tax breaks than REIT investments, and gives investors more control over decision making. Many REITs are publicly traded on exchanges, so they're easier to buy and sell than traditional real estate.

How to build passive income with REITs? ›

How Do You Make Money on a REIT? Since REITs are required by the IRS to pay out 90% of their taxable income to shareholders, REIT dividends are often much higher than the average stock on the S&P 500. One of the best ways to receive passive income from REITs is through the compounding of these high-yield dividends.

What is bad income for REITs? ›

For purposes of the REIT income tests, a non-qualified hedge will produce income that is included in the denominator, but not the numerator. This is generally referred to as “bad” REIT income because it reduces the fraction and makes it more difficult to meet the tests.

What is an advantage of investing in an REIT? ›

Benefits of REITs

REITs typically pay higher dividends than common equities. REITs are able to generate higher yields due in part to the favorable tax structure. These trusts own cash-generating real estate properties. Accessibility.

Which of these is a disadvantage of a REIT investment? ›

Here are some of the main disadvantages of investing in a REIT. Market volatility: Value can fluctuate based on economic and market conditions. Interest rate risk: Changes in interest rates can affect the value of a REIT.

Why REIT is better than owning property? ›

Perhaps the biggest advantage of buying REIT shares rather than rental properties is simplicity. REIT investing allows for sharing in value appreciation and rental income without being involved in the hassle of actually buying, managing and selling property. Diversification is another benefit.

Top Articles
Latest Posts
Article information

Author: Aron Pacocha

Last Updated:

Views: 6238

Rating: 4.8 / 5 (48 voted)

Reviews: 95% of readers found this page helpful

Author information

Name: Aron Pacocha

Birthday: 1999-08-12

Address: 3808 Moen Corner, Gorczanyport, FL 67364-2074

Phone: +393457723392

Job: Retail Consultant

Hobby: Jewelry making, Cooking, Gaming, Reading, Juggling, Cabaret, Origami

Introduction: My name is Aron Pacocha, I am a happy, tasty, innocent, proud, talented, courageous, magnificent person who loves writing and wants to share my knowledge and understanding with you.